Vesting to shield assets from creditors
Learn how to use a limited liability company (LLC) as a shield to allow real estate vested in the LLC to remain undisturbed by members’ creditors.
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Tag: liability
Is a landlord liable for the injuries sustained by an independent contractor hired by a tenant?
Ramirez v. PK I Plaza 580 SC LP
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The liquidated damages provision and the breaching buyer’s deposit when prices decline
Agents need to be aware of the maximum dollar amount the seller is entitled to receive upon a buyer’s breach – especially when home prices are falling.
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Is the government liable for a loss of business income due to construction?
Today’s IV, Inc. v. Los Angeles County Metropolitan Transportation Authority
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Is a property owner liable for the injuries of a temporary worker after falling on the job?
Miller v. Roseville Lodge No. 1293
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Is an insurer liable for a loss of business income when operations are suspended due to the COVID-19 lockdown?
Apple Annie, Inc. v. Oregon Mutual Insurance Company
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A balance sheet real(i)ty check
Learn how to use a balance sheet for a discussion with your homeowner clients about their assets and debts.
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Is a landlord liable when a tenant is injured in a fall from the accessible roof of the leased property?
Montes v. Young Men’s Christian Association of Glendale, California
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Is a city liable for losses a pedestrian incurs due to a fall caused by a lifted slab of public sidewalk?
Nunez v. City of Redondo Beach
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Buyer breach of contract in a decreasing price environment: Seller remedies
Things get messy when a buyer breaches a contract. Buyers and sellers alike ought to understand the legal ramifications involved.
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Brokerage Reminder: Branch office managers share responsibility for oversight and management
Supervision vision As of 2021, upwards of 20,000 individual and corporate broker licensees employ...
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The truth about giving tax advice to clients
Tracing agent misconceptions Many agents erroneously believe they cannot give their clients advice...
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Is a broker responsible for the unsafe condition of a property they list when they have no reason to believe it is unsafe?
Jacobs v. Coldwell Banker Residential Brokerage Company Facts: A residential property contains an...
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Screen tenants without incurring liability
Use these guidelines to determine if a prospective tenant is the right fit for your property.
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Material facts and your opinions – liability exposure minimized
A buyer’s agent who gives the buyer their opinion needs to take steps to assure the buyer investigates and expertly analyzes relevant information to confirm their opinion and keep it from becoming an actionable assurance if the event fails to occur as predicted.
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Is a landowner who makes their land open to public events liable for injuries to their neighbor caused by public users of the land?
Wang v. Nibbelink Facts: An owner of partially fenced land makes their property freely available...
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Is a property owner liable for injuries to a guest resulting from unsafe conditions near their property?
When an invitee is hit by a car crossing a street to a property, the owner faces questions of liability and negligence.
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Is a homeowner liable for an injury suffered by an employee of an uninsured contractor?
A homeowner hires a contractor to paint the interior of their home. The employment agreement states the contractor is to provide worker’s compensation insurance if they hire employees for the project.
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The office management agreement – delegating supervision
Form-of-the-week: Office Manager Employment Agreement – Form 510 The supervisory role of an office...
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Case in Point: Is a state housing agency liable for disparate impact under the Fair Housing Act when their actions result in continuing segregation?
The U.S. Supreme Court rules on whether housing agencies are liable for disparate impact, regardless of intent, according to the federal Fair Housing Act.
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